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COMMERCIAL AND INDUSTRIAL CONTRACTS

Our in-depth expertise of various contractual schemes gives us a broad and, at the same time, specific understanding of our clientele's contractual needs. Consequently, we are able, not only to answer our clients' contractual requests, but also to anticipate and suggest additional and/or alternative contractual schemes that would appear necessary or useful to protect and enhance our clients business.

  • Skills
    • drafting, review and negotiation (in French / English) of any commercial contract:
      • upstream: NDA agreements, letters of intent, purchase/supply, commercial lease, services agreement, general conditions of purchase...
      • downstream: sale, distribution (exclusive, selective, franchising, commercial agent, commissionnaire...), logistics (transport, packaging), transfer and/or license of trademark/patent...
    • drafting, review, negotiation (in French / English) of any industrial contract:
      • upstream: EPC contract (engineering, procurement and construction contract), purchase / supply (of industrial equipment, packaging elements), manufacturing, R&D, technology transfer agreements, feasibility and development areements, partnerships (subcontracting, co-contracting)...
      • downstream: sale, distribution, logistics (transport, packaging)
    • "contract management": close follow-up with operational teams of the contracts in force in order to make sure that, for example, the milestones will be achieved, or to anticipate the necessary endorsements or renewals...
  • Selected operations
    • Drafting and negotiation of an EPC contract for a foreign manufacturer of industrial adhesives for the purposes of the extension of its manufacturing facilities in France and abroad
    • Drafting of an exclusive distribution framework agreement for a US manufacturer of medical devices to be implemented worldwide
    • Drafting and negotiation of a waste procurement and management services framework agreement for an industrial group and all its subsidiaries in Europe.
    • Review and negotiation of a procurement agreement as regards strategic raw material in the interest of a French manufacturer with a European supplier, leader in its sector 
    • Assistance of a client in the luxury sector for the review and negotiation of trademarks portfolio acquisition.
  • Related publications
    • Infringing the legal cap on payment terms is now punishable by a fine of 2 million euros (see publication)
    • The legal cap on payment terms in international contracts: the French case (see publication)
    • International contract: is it somehow possible to escape from the exclusive jurisdiction of French courts within a dispute related to the breach of a commercial relationship with a French company? (see publication)
    • Invalid « Safe Harbor »: what should be done about current contracts with US companies? (see publication)
    • The trial period as a way to avoid the commercial agent’s indemnification (see publication)
    • Breach of an established business relationship: a recent court decision reaffirms the importance of the forum selection clause in international contracts (see publication)
    • Industrial partnerships : how to chose the appropriate legal framework (Cahiers juridiques du Journal du Vrac et du Journal des Fluides / mai-juin 2007)
    • Subcontracting ("sous-traitance de marché") : the reciprocal obligations (le Moniteur – juin 2007 en deux volets
    • Industrial subcontracting : specificities and updated news (Cahiers juridiques – Journal du Vrac et Journal des Fluides/mai 07)
    • What can be claimed in case of breaking off the negotiations (Option Finance, 11/12/06)
    • Joint-venture : PME-PMI, beware of alliances without contractual protective provisions (Le Moci, 19/10/06)
    • Joint-venture : the framework agreement, as a necessary prerequisite (Impulser, septembre 2006)